GE Capital Finance Pty Ltd v Commissioner of Taxation [2007] FCA 558

FEDERAL COURT OF AUSTRALIA

GE Capital Finance Pty Ltd v Commissioner of Taxation [2007] FCA 558

INCOME TAX – whether interest income to which a non-resident beneficiary is entitled is to be assessed to the trustee at the corporate rate under s 98(3) of the Income Tax Assessment Act 1936 (Cth) ('the Act') or is subject to withholding tax at a lower rate under s 128B of the Act STATUTORY INTERPRETATION – construction – where provisions of the Act are read as one with the International Tax Agreements Act 1953 (Cth) – whether any relevant inconsistency Income Tax Assessment Act 1936 (Cth), ss 6, 98(3), 128A, 128B, 128D International Tax Agreements Act 1953 (Cth), ss 3(11), 4 Tax Administration Act 1953 (Cth), s 14ZZ Convention Between the Government of Australia and the Government of the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (6 August 1982) [1983] ATS 16 (entered into force 31 October 1983), Arts 7, 11 Pearce DC and Geddes RS, Statutory Interpretation in Australia (6th ed, Butterworths, 2006) Amalgamated Television Services Pty Ltd v Australian Broadcasting Tribunal (1984) 1 FCR 409 cited Cadbury-Fry-Pascall v Commissioner of Taxation (1944) 70 CLR 362 discussed Director of Public Prosecutions (NSW) v Alderman (1998) 45 NSWLR 526 referred to James Hardie & Coy Pty Ltd v Seltsam Pty Ltd (1998) 196 CLR 53 cited McGillivray v Piper (2000) 182 ALR 282 cited Mills v Meeking (1990) 169 CLR 214 cited R v L (1994) 49 FCR 534 cited GE CAPITAL FINANCE PTY LTD (AS TRUSTEE FOR THE HIGHLAND FINANCE UNIT TRUST) (ACN 075 554 175) v COMMISSIONER OF TAXATION VID 1210 OF 2005 GE CAPITAL FINANCE PTY LTD (AS TRUSTEE FOR THE HIGHLAND FINANCE UNIT TRUST) (ACN 005 837 454) v COMMISSIONER OF TAXATION VID 1660 OF 2005